VYAS, J. - (1.) BY this writ petition, the petitioner has prayed that the impugned order dated 28. 4. 2004 (Annexure 4) may be quashed and set aside.
(2.) BRIEF facts, giving rise to the instant petition, are that on 1. 8. 1993, the petitioner entered in the service of the respondent-department, being surplus from the General Administration Department (GAD ). In the year, 1986, the respondent-department published a seniority list of technical employees of Deedwana Division dated 31. 3. 1985 (Annexure 1), in which name of the petitioner was shown as Helper at Serial No. 5. Again, vide office order dated 22. 6. 2001 (Annexure 2), a provisional seniority list of regular employees was issued, in which also, the petitioner was shown as Helper. It was also mentioned in the aforesaid order that if any employee has any objection with regard to the said provisional seniority list (Annexure 1), he can send the representation along with the concerned service record within fifteen days. It is further averred by the petitioner that he was regular employee of the respondent-department (PHED) and was performing the duty of Helper, so he was given the pay scale of Rs. 2450-310. But, later on, the Department itself realized that since the petitioner is a regular employee of the department, he should be given the pay scale of Rs. 250-360 in place of the pay scale of Rs. 245-310, therefore, the office order dated 13. 3. 1991 (Annexure 3), granting the aforesaid pay scale (Rs. 250-369) to the petitioner was issued. Thereafter, an office order dated 28. 4. 2004 (Annexure 4) was issued by the respondent-department, in which it was stated that due to non-compliance of the letter No. F. 5 (113) Jan. Swa/ka/2000/817 dated 23. 4. 2001 issued by the Chief General Officer, PHED, Rajasthan, Jaipur and the letter of this Office, (Superintending Engineer, PHED, Division Nagaur)-bearing No. 2227-28 dated 8. 5. 2001 and vide Order dated P. 1 (5) Sa. Pra/3/8 dated 14. 8. 1981, issued by the Special Secretary, GAD (Group 3), Rajasthan, Jaipur, Shri Lal Mohammed was absorbed as Class IV employee in this Department. Therefore, the seniority and services of this employee shall be treated as of Class IV employee. It was further mentioned in the aforesaid office order (Annexure 4) that vide office order No. 8458-8519 dated 18. 10. 2003, a provisional seniority list of technical employees, working in city Jal-Yojna Deedwana, was issued, in which name of Shri Lal Mohammed S/o. Shri Mumtaj Khan, appearing at Serial No. 1 of the List, working as Helper in Line Branch, is removed from the Seniority List. His seniority will be fixed on the post of Class IV servant. It is also averred in the petition that vide office order dated 30. 11. 1985 (Annexure 5), similarly situated persons, namely, Shri Uda Ram, Shri Kisna Ram and Shri Girdhari Lal were also reverted from the post of Helper to Class IV servant. Thereafter, they raised their grievance against this impugned order. The Chief Engineer vide his letter dated 23. 3. 87 (Annexure 6) granted permission to the Executive Engineer, PHED, Division, Suratgarh, to cancel the order dated 30. 11. 1985 by which the reversion was made. Then, the Executive Engineer, PHED, Suratgarh issued the office order dated 15. 5. 1987 (Annexure 7) to the effect that the previous order No. 4589-4602 dated 30. 11. 85 is hereby cancelled with immediate effect and Shri Uda Ram, Shri Kishna Ram and Shri Girdhari Lal are allowed to work as Helpers on the present place of posting till further orders. Being aggrieved by the order dated 28. 4. 2004 (Annexure 4), the petitioner has preferred the instant petition. It is submitted by the learned counsel for the petitioner that prior to passing the order (Annexure 4), neither any information, intimation or notice was given nor any opportunity of hearing was afforded to the petitioner, so, in this view of the matter, the aforesaid impugned order is not sustainable.
(3.) IT is further submitted by the learned counsel for the petitioner vide order dated 13. 3. 1991 (Annexure 3), the petitioner has been granted regular pay scale as Helper, but in the year, 2004, without any basis, the petitioner has been reverted to Class IV employee. It is also submitted by the learned counsel for the petitioner that vide order dated 30. 11. 1985 (Annexure 5) the persons, namely, Shri Uda Ram and Shri Krishna Ram, who were similarly situated to the petitioner, were ordered to be reverted from the post of Helper to the post of Class IV employee, but vide order dated 15. 5. 1987 (Annexure 7), the earlier order (Annexure 5) has been cancelled and Shri Kisna Ram and Shri Girdhari Lal have been allowed to work as Helper, where as discriminatory treatment has been given to the petitioner. It is argued by the learned counsel for the petitioner that he has been serving in the respondent-department for the last 21 years and, in the year, 1991, he has been granted regular pay scale and, thereafter, suddenly vide order dated 28. 4. 2004 (Annexure 4), his name has been removed from the Seniority List of Helper and his Seniority has been fixed on the post of Class IV servant by the Department which is illegal and not in accordance with law. ;